8A Prohibition of discrimination relating to children

(1) It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract—

(a) on the basis that a child would live with or visit a person at the dwelling if the dwelling were the person’s home, to prevent the person from—

(i) enquiring whether the dwelling is available for rent,

(ii) accessing information about the dwelling,

(iii) viewing the dwelling in order to consider whether to seek to rent it, or

(iv) obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or

(b) to apply a provision, criterion or practice in order to make people who would have a child live with or visit them at the dwelling less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who would not.

(2) It is a defence for the relevant person to prove that the conduct is a proportionate means of achieving a legitimate aim.

(3) It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—

(a) to which section 8H does not apply, and

(b) which contains a term which requires the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or requires the landlord to restrict the circumstances in which a contract-holder may do so,

and the conduct is a means of preventing the prospective landlord from breaching that term.

(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

8B Prohibition of discrimination relating to benefits status

(1) It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract—

(a) on the basis that a person is a benefits claimant, to prevent the person from—

(i) enquiring whether the dwelling is available for rent,

(ii) accessing information about the dwelling,

(iii) viewing the dwelling in order to consider whether to seek to rent it, or

(iv) obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or

(b) to apply a provision, criterion or practice in order to make benefits claimants less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who are not benefits claimants.

(2) It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—

(a) to which section 8H does not apply, and

(b) which contains a term which requires the insured to prohibit a contract-holder of the dwelling from being a benefits claimant,

and the conduct is a means of preventing the prospective landlord from breaching that term.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

8C Exception for publication of advertisements etc

Conduct does not constitute an offence under section 8A(1) or section 8B(1) if it consists only of—

(a) one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph—

(i) publishing advertisements or disseminating information;

(ii) providing a means by which a prospective landlord can communicate directly with a prospective contract-holder;

(iii) providing a means by which a prospective contract-holder can communicate directly with a prospective landlord, or

(b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations.

8D Continuing breach of prohibition after fixed penalty

(1) A person commits an offence if—

(a) a fixed penalty notice has been given to the person under section 13 for an offence under this Part in relation to a dwelling and has not been withdrawn, and

(b) the conduct in respect of which the fixed penalty notice was given continues in relation to that dwelling after the end of the period of 28 days beginning with the date on which the notice under section 13 was given.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

8E Repeated breach of prohibition after fixed penalty

(1) A person commits an offence if—

(a) a fixed penalty notice has been given to the person under section 13 for an offence under this Part and has not been withdrawn, and

(b) the person commits another offence under the same section within the period of 5 years beginning with the date on which the notice under section 13 was given.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

8F Terms in superior leases relating to children or benefits status

(1) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to—

(a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or

(b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,

(but the lease continues, so far as practicable, to have effect in every other respect).

(2) Subsection (1) does not apply if—

(a) the requirement is a proportionate means of achieving a legitimate aim, or

(b) the landlord under the lease or a superior landlord is insured under a contract of insurance—

(i) to which section 8H does not apply, and

(ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or to restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,

and the requirement in the lease is a means of preventing the insured from breaching that term.

(3) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to prohibit a contract-holder from being a benefits claimant (but the lease continues, so far as practicable, to have effect in every other respect).

(4) Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—

(a) to which section 8H does not apply, and

(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from being a benefits claimant,

and the requirement in the lease is a means of preventing the insured from breaching that term.

(5) For the purposes of this section, the terms of a lease include—

(a) the terms of any agreement relating to the lease, and

(b) any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person.

8G Terms in mortgages relating to children or benefits status

(1) A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor to—

(a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or

(b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,

(but the mortgage continues, so far as practicable, to have effect in every other respect).

(2) A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor to prohibit a contract-holder from being a benefits claimant (but the mortgage continues, so far as practicable, to have effect in every other respect).

8H Terms in insurance contracts relating to children or benefits status

(1) A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to—

(a) prohibit a contract-holder from having a child live with or visit them at the dwelling subject to an occupation contract, or

(b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling subject to an occupation contract,

(but the insurance contract continues, so far as practicable, to have effect in every other respect).

(2) A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to prohibit a contract-holder of a dwelling that is subject to an occupation contract from being a benefits claimant (but the insurance contract continues, so far as practicable, to have effect in every other respect).

(3) This section applies to contracts of insurance which were entered into or whose duration was extended on or after the day on which this section comes into force.

8I No prohibition on taking income into account

Nothing in this Part prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under an occupation contract.

8J Power of the Welsh Ministers to amend Part 2A

Regulations may amend this Part so as to make, in relation to persons of another description, provision corresponding, with or without modifications, to the provision made by this Part in relation to persons who would have a child live with or visit them or persons who are benefits claimants.

8K Interpretation of Part 2A

In this Part—

“benefits claimant” (“ceisydd budd-daliadau”) means a person who is entitled to payments under or by virtue of the Social Security Contributions and Benefits Act 1992 or the Welfare Reform Act 2012, or would be so entitled were the person to become a contract-holder under an occupation contract;

“child” (“plentyn”) means a person under the age of 18;

“occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);

“prospective contract-holder” (“darpar ddeiliad contract”) means a person seeking to find a dwelling to rent under an occupation contract;

“prospective landlord” (“darpar landlord”) means a person who proposes to let a dwelling under an occupation contract;

“relevant person” (“person perthnasol”), in relation to an occupation contract, means—

(a) the prospective landlord;

(b) a person acting or purporting to act directly or indirectly on behalf of the prospective landlord.’

(4) In section 10(4)—

(a) after the opening words insert—

‘(za) in respect of an offence under Part 2A—

(i) a person who is or has been a landlord under an occupation contract;

(ii) a person who is or has been a contract-holder under an occupation contract;

(iii) a person who is or has been a relevant person in relation to an occupation contract;

(zb) in respect of an offence under any other provision of this Act—';

(b) paragraphs (a) to (c) become paragraphs (i) to (iii) of paragraph (zb).

(5) After section 10(4) insert—

‘(4A) In subsection (4)—

“occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);

“relevant person” (“person perthnasol”) has the meaning given in section 8K.’

(6) In section 13(1) after ‘3’ insert ‘or Part 2A’.

(7) In section 17—

(a) after subsection (3) insert—

‘(3A) For the purposes of this Part as it relates to offences under Part 2A, a local weights and measures authority is an additional enforcement authority in relation to the area for which it is the local weights and measures authority.’;

(b) in subsection (4) the words from ‘licensing’ to the end become a definition;

(c) at the end of subsection (4) insert—

‘“local weights and measures authority” has the meaning given by section 69(2) of the Weights and Measures Act 1985.’

(8) In section 27(3) after ‘section 7,’ insert ‘section 8C, section 8J,’.”—

This new clause is expected to be part of a new Chapter 2B of Part 1 of the Bill and inserts a new Part 2A into the English language text of the Renting Homes (Fees etc.) (Wales) Act 2019 which bans landlords and those who act on their behalf or purport to do so from adopting certain discriminatory practices which make it harder for people who have children (or have children visit them), or who are benefits claimants, to enter an occupation contract. Occupation contracts relate to Wales only and were provided for by the Renting Homes (Wales) Act 2016. Amendment NC48 amends the Welsh language text. Other amendments make similar provision for England.

Brought up, read the First and Second time, and added to the Bill.